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<br />employees nor any of its subconsultants will be liable under this <br />paragraph for any claim, loss, damage, cost, charge or expense <br />arising out of any act, error, omission or negligent act by the City or <br />any of its officers, agents or employees during the performance of <br />the Agreement. <br /> <br />When the City receives a notice of claim for damages that may <br />have been caused by the Consultant in the performance of services <br />required by the Consultant under this agreement, the City will <br />immediately forward the claim to the Consultant. The Consultant <br />and the City will evaluate the claim and report their findings to each <br />other within seven working days. The City and the Consultant will <br />jointly discuss options in defending the claim. After reviewing the <br />claim, the City will determine whether to require the participation of <br />the Consultant in the defense of the claim or to require that the <br />Consultant defend the City in such claim as described in this <br />section. The City's failure to notify the Consultant of a claim within <br />seven days shall not release the Consultant from any of the <br />requirements of this section upon subsequent notification by the <br />City to the Consultant of the claim. The City and the Consultant will <br />pay their own cost for the evaluation, settlement negotiations and <br />trial, if any. However, if only one party participates in the defense <br />of the claim at trial, that party is responsible for all costs, but if the <br />verdict determines that there is joint responsibility the costs and <br />liability for damages will be shared in the same percentage as that <br />judicially established. <br /> <br />B . The Consultant shall have and maintain during the term of this <br />Agreement, a professional liability insurance policy or policies, or <br />an irrevocable letter of credit established pursuant to Chapter 675 <br />and Section 337.106, Florida Statutes, with a company or <br />companies authorized to do business in the State of Florida, <br />affording professional liability coverage for the professional services <br />to be rendered in accordance with this Agreement in the amount of <br />$1,000,000. <br /> <br />5. COMPLIANCE WITH LAWS: <br /> <br />A . All final plans, documents, reports, studies and other data prepared <br />by the Consultant shall bear the professional's seal/signature, in <br />accordance with the applicable Florida Statute that governs and <br />Administrative Rules promulgated by the Department of Business <br />and Professional Regulation, and guidelines published by the City, <br />in effect at the time of execution of this Agreement. In the event that <br />changes in the Statute or Rules create a conflict with the <br /> <br />7 <br />